Indefinite Leave to Remain (ILR), often referred to as settlement, allows eligible individuals to live, work, and study in the UK without time restrictions. It also provides access to certain public benefits (if eligible) and is usually the final step before applying for British citizenship. Once ILR is granted, employers should continue to maintain accurate Right to Work Checks and employee records to remain compliant with UK immigration requirements.
Eligibility for ILR depends on your immigration route, how long you have lived in the UK, and whether you meet the relevant Home Office requirements. Understanding which route applies to you can help you prepare your application and avoid unnecessary delays.
Who Can Apply for Indefinite Leave to Remain?
There are several pathways to obtaining ILR, depending on your immigration status and personal circumstances.
1. Workers on Eligible UK Visas
Many people become eligible for ILR through employment in the UK.
Most work visa holders can apply after five years of continuous residence. However, some visa categories allow applicants to qualify sooner:
- Tier 1 visa holders may be eligible after 2 or 3 years, depending on the visa category.
- Innovator Founder visa holders may qualify after 3 years.
- Global Talent visa holders may also become eligible after 3 years.
In addition to meeting the required residence period, applicants may need to satisfy salary or financial requirements depending on the visa they hold. Employers can also benefit from effective eVisa Monitoring to ensure compliance during audits.
Eligible work routes include:
- Skilled Worker visa
- Scale-up Worker visa
- Global Talent visa
- Innovator Founder visa
- Tier 1 Entrepreneur or Investor visa
- Representative of an Overseas Business visa
- Turkish Worker or Businessperson visa
- Certain International Agreement visa holders, including eligible diplomatic household workers and domestic workers
Before submitting an application, applicants should also ensure they continue to meet the conditions of their current visa.
2. Family Members of Settled People
You may qualify for ILR if you have family members who are already settled in the UK, including:
- A British citizen
- A person with Indefinite Leave to Remain
Applications may be made based on your relationship with a:
- Spouse or partner
- Parent
- Child
- Other eligible family member
The application process varies depending on your visa category and family circumstances. Applicants are generally expected to meet residence requirements and continue satisfying the conditions attached to their family visa.
Separate immigration rules may also apply if:
- Your partner has passed away.
- Your relationship ended because of domestic abuse.
These routes are designed to provide protection for individuals whose circumstances have changed unexpectedly.
3. Long Residence in the UK
Individuals who have legally lived in the UK for 10 years or more may be eligible to apply for ILR through the long residence route.
Applicants must normally demonstrate continuous lawful residence throughout the qualifying period. Different rules may apply if your permission to stay is based on your private life in the UK, so it is important to check the specific requirements before applying.
4. Commonwealth Citizens
Some Commonwealth citizens may qualify for settlement after completing five years in the UK on a UK Ancestry visa.
Certain Commonwealth citizens may also have the Right of Abode, allowing them to live and work in the UK without immigration restrictions. Others may instead qualify directly for British citizenship through specific routes, such as the Windrush Scheme.
Because eligibility varies significantly depending on an individual’s circumstances, applicants should review the official guidance before submitting an application.
5. British National (Overseas) Visa Holders
People living in the UK on a British National (Overseas) (BN(O)) visa may usually apply for ILR after completing five years of continuous residence.
Applicants must continue to meet the eligibility requirements of the BN(O) route and satisfy any additional settlement conditions before ILR can be granted.
6. Other Immigration Routes
Some individuals may qualify for ILR through other immigration categories, including those who:
- Have refugee status
- Have humanitarian protection
- Hold Discretionary Leave
- Previously held ILR and are returning to the UK
- Served in the UK armed forces
- Have permission to stay in the UK as a stateless person
Each immigration category has its own eligibility criteria, qualifying period, and evidence requirements.
EU, EEA and Swiss Citizens
If you or your family members are citizens of the EU, EEA, or Switzerland, you may instead qualify for settled status under the EU Settlement Scheme rather than applying for ILR.
The route available to you depends on your immigration history and when you began living in the UK.
Things to Check Before Applying
Before submitting your ILR application, make sure you:
- Have completed the required qualifying period for your visa.
- Meet any salary or financial requirements that apply.
- Continue to satisfy your visa conditions.
- Have evidence to support your continuous residence in the UK.
- Meet any English language or Life in the UK Test requirements where applicable.
Reviewing these requirements in advance can help reduce the risk of delays or refused applications.
Check Your Eligibility
ILR eligibility varies depending on your immigration route, length of residence, and individual circumstances. Since immigration rules can change, it’s important to review the latest Home Office guidance before making an application.
For the most up-to-date eligibility criteria, application routes, and supporting information, visit the official UK Government guidance on Indefinite Leave to Remain (Settlement).
